HomeMy WebLinkAbout982509.tiff HEARING CERTIFICATION
DOCKET NO. 98-70
RE: APPROVE CHANGE OF ZONE #516 FROM A (AGRICULTURAL) TO PUD (PLANNED
UNIT DEVELOPMENT) WITH FIVE (5) E (ESTATE) AND ONE (1) A (AGRICULTURAL)
OUTLOT -JOHN AND JAMES SUTTER
A public hearing was conducted on December 16, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 20, 1998, and duly published
November 25, 1998, in the Fort Lupton Press, a public hearing was conducted to consider the
request of John and James Sutter for Change of Zone#516 from A(Agricultural)to PUD (Planned
Unit Development) with five (5) E (Estate) zoned lots and one (1) A (Agricultural) outlot. Lee
Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman, Department
of Planning Services representative, presented a brief summary of the proposal and entered the
favorable recommendation of the Planning Commission into the record as written. Ms. Lockman
gave a brief description of the location of the site, as well as the surrounding uses. She stated the
Right To Farm Covenant will be included in the development's Covenants, and the applicant is
requesting the Board grant an exception to the provision of public water and paving the internal
street. Ms. Lockman further stated the applicant is requesting administrative review of the final
plat. In response to Commissioners Hall and Kirkmeyer, Ms. Lockman stated the applicant is
proposing the lots have individual wells, and the development is in a rural area, so waiving the
paving requirement will not significantly impact the surrounding area. Ms. Lockman explained the
Board has previously granted the exception to public water and paving. Commissioner Kirkmeyer
commented the new property owners need to be notified that there is a cropdusting facility nearby
which is eligible for expansion. She suggested changing the word in Development Standard #13
from "should" to "shall".
John Sutter, applicant, stated this property has been owned by his family for several generations,
and explained the proposed site for development is 15 acres in size and is non-productive land.
Mr. Sutter stated the outlot will remain in agricultural production, and strict covenants will be
enforced, which will also inform the new property owners of the nearby cropdusting facility. In
response to Commissioners Baxter and Hall, Mr. Sutter stated the Covenants specify the type of
landscaping and vegetation that will be allowed, and he has contacted the North Weld County
Water District concerning future availability of water. He stated if the water is too expensive, well
drillers have indicated there is an adequate supply of water for the new homes; however, he has
not yet applied for the well permits. Responding to Commissioner Kirkmeyer, Mr. Sutter stated
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each residence will be assessed when the building permits are issued to determine the amount
required for school services, and there are no wells located within the buildable lots; however,there
are three on the outlot. In response to Chair Harbert and Commissioner Kirkmeyer, Mr. Sutter
stated the property owners will have the opportunity to purchase ditch water for irrigation, and
notification of the nearby cropdusting facility can be added to the Covenants, as well as being
placed on the plat. In response to Commissioner Kirkmeyer, Ms. Lockman stated Condition of
Approval #8.0 addresses the availability of water as required in the PUD Ordinance. Following
discussion, Ms. Lockman explained the State requires a lot be established prior to issuance of a
well permit; however, the County is requesting the applicant submit a well permit prior to approval
of the lot. Mr. Morrison suggested adding a Condition of Approval which is more specific
concerning the public water system and availability of water. In response to Commissioner
Kirkmeyer, Mr. Sutter stated the application was completed as if the public water provision would
be waived. Commissioner Kirkmeyer suggested the assurance of water be provided prior to
approval, rather than at the time of submittal as Condition of Approval #9.
Dana Gustafson, surrounding property owner, expressed his concern that the new residents may
submit noise complaints regarding his cropdusting operation. Mr. Gustafson stated his operation
is not hazardous to the surrounding area; however there may be a danger if children and pets
wander onto his runway. He explained State legislation requires a mandatory buffer zone between
spraying and residential uses, which affects his business, as well as the farmers who hire him. In
response to Commissioner Baxter, Mr. Gustafson explained the size of the development does not
matter if it is bordered on several sides by agriculture, and he added that dealing with complaints
is expensive and time consuming. Responding to Commissioner Hall, Mr. Gustafson stated his
airstrip is within one mile of the proposed development and the well water in the area is not suitable
for drinking. Chair Harbert and Commissioner Baxter requested the surrounding uses be listed on
the plat to make the new property owners aware of what uses are in the surrounding area.
Leon Cozzens, surrounding property owner, expressed concern with five new wells lowering the
water level and quality for surrounding residents. He stated the area is near a flood zone and
indicated there may not be much demand for the new homes with seven existing homes for sale
in the immediate area.
Gary Cozzens, surrounding property owner, expressed similar concerns and indicated the blind
entrance to the site is a hazard. Mr. Cozzens stated his domestic well is not suitable for drinking
and stated the increase in residences usually leads to dog problems with his sheep herd.
John Sutter stated the site of the development is on a hillside and not suitable for farming. He
explained 182 acres will remain in production and he owns the property on three sides of the
development, therefore his farm will be the main property which is affected. Mr. Sutter proposed
digging deeper wells and working with the surrounding neighbors to get a North Weld County
Water District line in the area to benefit everyone. He reiterated the properties are on a hill and
should not be affected by flooding, and the homes will have engineered foundations to prevent
shifting. Mr. Sutter stated the entrance to the development will be built up to increase visibility. In
response to Commissioner Baxter, Mr. Sutter stated there is only one access onto Weld County
Road 43; however, he would consider an emergency access from Weld County Road 72.
Responding to Commissioner Kirkmeyer, Don Carroll, Department of Public Works representative,
stated the turnaround radius meets County standards. In response to Commissioner Hall, Trevor
Jiricek, Department of Health representative, explained the State Health Department does not
regulate bad tasting water unless it contains harmful substances. In response to Commissioner
Kirkmeyer, Mr. Sutter stated hunting will not be allowed on the residential lots and will require
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permission from the owners to hunt on the agricultural outlot. Responding to further questions from
Commissioner Kirkmeyer, Mr. Morrison stated the term "outlot" implies that area is not a buildable
lot, and Ms. Lockman explained the remaining property marked as Outlot B, or the access, needed
to be specified to determine that the Homeowners'Association will be maintaining it. Chair Harbert
requested the Covenants require that dogs be tethered or fenced at all times.
In response to Commissioner Kirkmeyer, Mr. Carroll stated the plat should show the 100-year flood
plain boundary, and indicated he will check to determine the historic flow of flood waters in the
area, which may be mitigated by installing a culvert at the entrance,. Mr. Sutter clarified two
culverts will be installed north of the access to help divert water from the site. In response to Chair
Harbert, Ms. Lockman stated the collateral agreement for road improvements is all that has been
discussed with the applicant at this point. In response to Commissioner Kirkmeyer, Ms. Lockman
suggested Condition of Approval#8.D be amended to state, "The applicant shall submit evidence
to the Department of Planning Services of approval from the Weld County Public Works
Department of an approved drainage design for the access in incorporation with the Improvements
Agreement Regarding Collateral for the Transporation portion of the PUD"and add"The Restrictive
Covenants shall also inform lot owners of the proximity to the aerial spraying operation and of the
control of domestic animals" to Condition of Approval #8.B. Responding to Commissioner
Kirkmeyer, Mr. Morrison suggested also adding "The Covenants shall be reviewed by the County
Attorney's Office" to the end of Condition of Approval #8.B as discussed.
In response to Commissioner Kirkmeyer, Mr. Jiricek stated he has reviewed and approved the
Impact Plan. Commissioner Kirkmeyer clarified the applicant needs to show that North Weld
County Water cannot be made available prior to approving individual wells. James Sutter stated
the availibilty of a water tap does not ensure the availibility of a water line; however, they do have
enough areage to allow drilling domestic wells. Following discussion, Commissioner Hall stated
the Board is responsible for the concerns of future owners of the lots, to ensure what is approved
will not harm them, and expressed concern with waiving the requirement for domestic water when
testimony shows that most people do not wish to use the well water. In response to Commissioner
Kirkmeyer, Mr. Morrison explained the State Engineer will determine the the amount which can be
drawn from the wells to protect other uses. Chair Harbert commented the future lot owners will be
required to pay for irrigation water which may discourage the care of yards. Mr. Morrison stated
the number of wells permitted will be based on a 200-acre property and suggested the Board
determine what the financial availability of providing domestic water will be. Chair Harbert
commented the developer is proposing to provide the land for homes and not the paving or water
services typically required. James Sutter stated the road will be built and the Homeowners'
Association will maintain it, and added he will be included in the Homeowners' Association;
therefore, he will also be paying for his part of the services. In response to Commissioner Baxter,
John Sutter stated the costs for this PUD will draw higher quality homeowners who can meet the
Covenants and maintenance expenses. Commissioner Hall stated he does not want to exempt this
development from the provision of public water requirement. Mr. Morrison stated the Board can
review the final plan for this development to ensure that its concerns are addressed prior to
approval. In response to James Sutter, Mr. Morrison stated the main item to address is the
availibility or unavailability of North Weld County District water and well permits as determined by
the State Engineer.
Commissioner Kirkmeyer stated prior to approval of the Final Plan the Board needs assurance of
the quantity and quality of water. In response to Commissioner Kirkmeyer, Mr. Morrison stated this
development is non-urban scale development and Scott Ballstadt, Department of Planning Services
representative, clarified the agricultural outlot is not considered part of the five lots which qualifies
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this development as non-urban. Ms. Lockman suggested adding Condition of Approval#9 to state,
"The applicant shall submit evidence of adequate quality and quantity of water, as determined by
the State Engineer, as part of the Final Plan application." Mr. Carroll requested "with a cross-
culvert provided at adequate locations" be added to the end of Development Standard #19. In
response to Commissioner Kirkmeyer, Ms. Lockman clarified the street name cannot be duplicated
anywhere in Weld County.
Commissioner Kirkmeyer moved to approve the request of John and James Sutter for Change of
Zone#516 from A(Agricultural)to PUD (Planned Unit Development)with five (5) E (Estate)zoned
lots and one (1) A (Agricultural) outlot, based on the recommendations of the Planning staff and
the Planning Commission,with the Conditions of Approval and Development Standards as entered
into the record, with the addition of Condition of Approval#2.0 to state, "The plat shall include the
Right To Farm Covenant"; addition of Condition of Approval#2.D to state, "The plat shall indicate
the proximity of a cropdusting operation which is legally eligible for expansion and may create
substantial noise associated with the operation"; amendment of Condition of Approval#8.B to state
the County Attorney's Office will review the Restrictive Covenants; directing staff to ensure that
there are no sunset provisions in the Covenants and that they will include notification of the
surrounding uses, amend Condition of Approval #8.D as read into the record by staff; moving
Development Standard#7 to Development Standard#20 and renumbering appropriate Standards;
replacing the word "should" with "shall" and addiion of similar language concerning the possibility
of substantial noise associated with the cropdusting operation to Development Standard #13;
amending Development Standard #19 as suggested by staff; and addition of Condition of
Approval #9 as discussed above regarding the availability and quantity of water. The motion was
seconded by Commissioner Baxter. Commissioner Hall clarified this case will come back before
the Board to review the Final Plan. The motion carried unanimously.
This Certification was approved on the 21st day of December, 1998.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
► r,, ►��/�/► /"'�i► WEE COUNTY, COLORADO
Weld County Clerk • 1 �. Qi
rcr..y.--1.40,1 Constance L. Harbert, Chair
BY: ktiakt._S
Deputy Clerk to thVITSIPP, EXCUSED
W. H. Webster, Pro-Tem
TAPE #98-35
EXCUSED DATE OF APPROVAL
eorge E. Baxter
DOCKET#98-70
_
Dalp� K. Hall
arbara J. Kirkmeyer ��
982509
PL1274
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF DECEMBER, 1998:
DOCKET#98-70 - JOHN AND JAMES SUTTER
DOCKET#98-71 - LESLIE AND JEANNE GELVIN
DOCKET#98-72 - MORWAI DAIRY, LLC, % JOHN AND ELLEN MOSER
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
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EXHIBIT INVENTORY CONTROL SHEET
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Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing(Minutes)
D. Clerk to the Board Notice of Hearing
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